Legal Question in Family Law in Illinois
Can new spouses income be considered in child support cases?
I was wondering if I marry my girlfriend, if her income can be considered if my ex wife wants to raise my child support? I have heard that the new spouses income cannot be considered, but after reading the following, I am not sure:
''However, the law on this issue has developed and evolved as stated in a recent Second District Illinois Appellate Court decision, which holds ''a trial court may equitably consider the income of a parent's current spouse in determining an appropriate award of child support.'' In Re the Marriage of Drysch, 2000 WL 815278, (ILL.App2 Dist.). ''
1 Answer from Attorneys
Re: Can new spouses income be considered in child support cases?
This is a scary aspect of IL law. Recently, the courts have ruled that your spouse should be concerned. To best protect herself, I recommend a pre-nup for her. Let me know if you have any further questions.
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